• Foreign superannuation fund private ruling information sheet for prior to and including the 2006 financial year

    To be read in conjunction with the Private ruling application form (non-tax professionals) (NAT 13742)

    This information sheet provides a general guide on preparing and lodging a valid private ruling application for exemption from withholding tax on interest and dividend income derived from Australia by a non-resident pension/superannuation fund. This information addresses the situation where a private ruling is being requested on behalf of another entity - that is, the applicant is not that other entity.

    Covering letter

    There is no obligation to lodge a private ruling application on the official private ruling application form, but all the questions asked in the form must be answered. The form or application letter answering all the questions must be signed by the applicant. In addition, we suggest you use the following wording in a covering letter attached to the form or application letter:

    The applicant wishes to apply for a private ruling on behalf of the XYZ Pension Fund (the entity) on whether interest and dividend income derived from Australia by the entity is exempt from income tax under paragraph 23(jb) of the Income Tax Assessment Act 1936 (ITAA 1936) and also excluded from liability to withholding tax under paragraph 128B(3)(a) of the ITAA 1936.

    If the application relates to a master/group trust, we suggest you use the following wording:

    The applicant wishes to apply for a private ruling on behalf of the XYZ Master/Group Trust (the entity) on whether interest and/or dividend income derived from Australia by the entity on behalf of the participating plans is exempt from income tax under paragraph 23(jb) of the ITAA 1936 and also excluded from liability to withholding tax under paragraph 128B(3)(a) of the ITAA 1936.

      Last modified: 30 Jan 2008QC 17551